Workplace Bullying - Employers Watch Out
Recent allegations of bullying within 10 Downing Street have raised the profile of a subject which receives relatively little coverage outside the employment tribunals, in spite of widespread prevalence in the workplace.
Workplace bullying is not only unpleasant and demotivating but it has also been claimed to cost British business £14 billion annually. Surprisingly, there is no specific law relating to workplace bullying, although different forms of offensive behaviour may breach the law – for example, claims relating to homophobic bullying and harassment can be brought under the Employment Equality (Sexual Orientation) Regulations 2003. Other forms of victimisation or harassment may be in breach of the Sex Discrimination Act 1975 or the Race Relations Act 1976. Where an employee brings a claim under discrimination law, there is no statutory cap on the amount a tribunal can award in compensation.
In addition, there are remedies available to employees under the general law. Bullying, in law, is a form of harassment and an employer who fails to prevent bullying of one staff member by another can, even without being negligent, be liable to pay damages under the Protection from Harassment Act 1997 for harassment by one employee of another in the course of his or her work.
Employers who are themselves guilty of bullying staff or those who fail to take action to prevent workplace bullying could therefore face a costly settlement for compensation or damages, a fine or even a custodial sentence.
In a recent case, a bank employee earning £45,000 annually, who suffered a breakdown after she was subjected to a long-running campaign of bullying, was awarded £828,000 in damages.
Victims of bullying are often too frightened to take action to protect themselves. It is essential that employers take seriously their responsibility for preventing bullying and harassment in the workplace. Positive action must be taken to eliminate employee behaviour of a kind that could cause distress and anxiety to others. It is important that all workers understand that such behaviour will not be tolerated. Policies should state clearly that any instance of bullying will be taken seriously and the perpetrator dealt with severely.
The Advisory, Conciliation and Arbitration Service (ACAS) provides useful information on this topic, including an e-learning course on understanding and preventing bullying in the workplace. This is available on the ACAS website and is free once you have registered to use the e-learning resources.
The Government has also published guidance for employers on the DirectGov website.